What Is Constructive Possession of a Firearm in Illinois?

:Were you arrested for unlawful possession of a firearm that you didn’t have on your person? If so, you may wonder how the prosecution can convict you. Under Illinois law, a person may have either actual or constructive possession of a firearm. Either type of possession can support charges of unlawful possession of a firearm. Understanding when constructive possession occurs can help you prepare and present a compelling defense to firearms charges.

Understanding Constructive Possession

Under Illinois law, a person commits the crime of unlawful possession of a firearm if they possess a firearm while:

• Under 18 and possessing a firearm they can conceal on their person
• Under 21 and having a prior non-traffic misdemeanor conviction or delinquency adjudication
• Being a drug addict
• Having been a patient in a mental institution within the past five years

However, a person may unlawfully possess a weapon through actual or constructive possession. Constructive possession occurs when a person can control a firearm, even if they do not have a firearm on their person. A person may have constructive possession of a firearm when they:

• Know the presence and location of a firearm
• Have the ability to access or control the firearm

Constructive possession involves a person having a firearm in a container, vehicle, or room that one can access, such as a bedroom or a safe they know the combination of or have the keys to.

Actual Possession vs. Constructive Possession

Actual possession of a firearm occurs when a person has a firearm on or near their person, such as in a holster, tucked in a waistband, or in a bag that the person carries. Conversely, a person can have constructive possession of a firearm even when far away from it, such as by keeping the firearm in their bedroom or in a safe they can access. Both actual and constructive possession can support charges of unlawful possession of a firearm.

Evidence Used to Establish Constructive Possession

To prove constructive possession in an unlawful possession of a firearm case, the prosecution must prove that the defendant had both knowledge and access to/control of the firearm. Evidence that prosecutors may use to prove these elements include:

• Circumstantial evidence, such as the location of the firearm
• Surveillance footage showing the defendant accessing the location of the firearm
• Eyewitness testimony about the defendant’s access to or prior possession of the firearm
• The defendant’s fingerprints on the firearm

How to Prove You Did Not Possess the Firearm

A defendant can challenge the prosecution’s allegations of constructive possession by pursuing various factual and legal defenses. Common defense strategies used against constructive possession claims include:

• Lack of knowledge: A defendant may present evidence disputing that they knew of the firearm’s presence, such as by proving that the firearm belonged to another person.
• Lack of control/access: A defendant may also contend that they did not have access to or control over the firearm, including noting that they could not access the location where police found the firearm.
• Disputing ownership: Defendants may also present evidence that another party owned the firearm and thus had greater possession over the firearms, such as records showing that another party purchased the firearm.
• Challenging the admissibility of evidence/statements: A defendant may seek to exclude evidence or inculpatory statements by showing that police obtained the evidence through unlawful searches unsupported by probable cause or by questioning the defendant without informing them of their rights or coercing statements.

How Can an Attorney Help You Beat a Constructive Possession of Firearm Charge?

A criminal defense attorney can help you fight unlawful possession of firearm charges based on allegations of constructive possession by thoroughly investigating your case to recover evidence that may help build a compelling defense argument. A lawyer can also help you understand your charges and the potential outcomes in your case while preparing you for what to expect during prosecution to help you make informed decisions at each stage. An attorney can also vigorously contest the prosecution’s case by challenging the admissibility of evidence or the sufficiency of the case. When you choose to fight your charges at trial, a criminal defense lawyer can present an aggressive defense to pursue a not-guilty verdict.

Contact a Weapons Crime Defense Lawyer Today

Charged with constructive possession of a firearm in Illinois? Get the legal help you need to protect your rights and future from the consequences of an arrest and conviction. Call Bruno Law Offices today at (217) 328-6000 for a confidential consultation with an experienced gun crimes defense attorney to discuss your options for resolving your weapons possession charges.